HomeMy WebLinkAbout23-095 - Sunshine Communications, LLC - Tukwila Police Department 5-Year Strategic Plan
ContractNumber:23-095
CityofTukwila
6200SouthcenterBoulevard,TukwilaWA98188
CONTRACT FORSERVICES
Amendment #1
Betweenthe City ofTukwilaand Sunshine
Communications, LLC
ThatportionofContractNo.23-095betweentheCityofTukwilaandSunshine
Communications, LLCisherebyamendedasfollows:
Section 3:
Duration of Agreement; Time for Performance.Thisagreement shall be in full force and
effect for a period commencing upon execution and ending December 2024
unless sooner terminated under the provisions hereinafter specified. Work under this
Agreement shall commence upon written notice by the City to the Consultant to proceed.
The Consultant shall perform all services and provide all work productrequired pursuant to
this Agreement no later than December 31, 2024 unless an extension of
such time is granted in writing by the City.
Section 4, Subsection A:
A.Payment for the work provided by the Consultant shall be made as provided on Exhibit ÐBÑ
attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $30,000 without express written modification of the Agreement signed by
the City.
Allotherprovisionsof the contractshallremain infullforceandeffect.
DATED this 25th day of January, 2024.
CITY OF TUKWILASUNSHINE COMMUNICATIONS, LLC
________________________________________________________________________________
Thomas McLeod, MayorName/TitleName/Title
23 January 2024
Date: _______________________Date: ______________________Dt
Contract Number: 23-095 (a)
CityofTukwila
Council Approval N/A
6200SouthcenterBoulevard,TukwilaWA98188
ATTEST/AUTHENTICATED
_____________________________
Christy OÓFlaherty, MMC, City Clerk
APPROVEDASTOFORM
EXHIBIT B: Timeline and Cost
We recommend a first phase focused on developing a detailed plan for outreach, engagement and
document -creation. That work would include:
• Preliminary research and information gathering
• Meetings with the chief, command staff, strategic planning committee
• Identification priorities for individual and group outreach
• Any and all communications needed
The research and development of the plan will enable Sunshine Communications to provide a more
detailed cost estimate forthe rest of the project.
Work would be done hourly at the rate of $3Oo an hour, with the minimum increment of .25hour.
We estimate spending 10-12 hours a week for the first 5-6 weeks of the project, although the time
may be less, as some work has already begun.
Weekly reports of progress and monthly invoices and time reports will be provided.
As much as desired and possible, tasks can be shared with departmental staff and leadership. That
cooperation improves project speed and reduces project cost.
CA revised May 2020
Page 9
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 23-095
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Sunshine Communications, LLC, hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform consulting services in
connection with the project titled Tukwila Police Five -Year Strategic Plan.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending January 2024, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than January 31, 2024 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $20,000 without express written modification of the Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop-gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020
Page 2
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and
shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
Page 3
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising
from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Mary Kary Clunies-Ross
Sunshine Communications, LLC
411 University Avenue, Suite 1000 Seattle, WA 98101
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020
Page 4
DATED this 5th day of May, 2023
CITY OF TUKWILA
f74 -C -
Eric Dreyer, Chief of Police
APPROVED AS TO FORM BY ASSISTANT
CITY ATTORNEY 05/05/23
APPROVAL ON FILE.
CA revised May 2020
CONSULTANT:
Printed Name: Mary Kay Clunies-Ross
Title: Owner
Page 5
EXHIBIT A: Description and Scope of Work
April 17, 2023
TO: Chief of Police Eric Dreyer
Senior Manager Rebecca Hixson
FROM: Mary Kay Clunies-Ross, Sunshine Communications, LLC / (206) 817-4845
SUNSHINE
COMMUNICATIONS
RE: Proposal for Tukwila Police Department 5 -Year Strategic Plan
J at
The Tukwila Police Department is looking to update its Five -Year Strategic Plan. The last plan's
scope ended during the pandemic, and now that most of the COVID-related disruptions to city
services are over, the time is right to undergo a period of reflection and set a new direction.
In addition to the strain of the pandemic, the last several years have included a national heightened
awareness of how police officers interact with the public. While many departments and officers
have much to be proud of, including Tukwila, the larger public conversation has impacts on both
community confidence and department morale.
The Chief is looking for support in gathering feedback from internal and external audiences, and
then in updating the mission, vision, values (MVV) statement and the 5 -year strategic plan.
J
Although a more comprehensive review of issues should be done in the initial phase of the project,
several considerations have already been identified:
• The officers and supervisors will be the people responsible for living the mission, vision and
values on a daily basis, so it's important that the MVV statements be relevant and
legitimate. We want to capture their current values, but also identify some guide stars for
behavior and growth. A strong sense of mission is an important factor for recruitment and
retention as well, so this process could improve morale for years to come.
• Equally, the public needs to see their values reflected in the MVV statements and the 5 -year
plan. While relations are generally felt to be good, public opinion research will help the
department understand public sentiment and identify meaningful ways to improve
relationships—not just perception, but with actual changes to service delivery.
• The strategic plan could guide long-term budgeting and other decisions, and so building a
sense of ownership throughout all levels of the organization is important.
CA revised May 2020
Page 6
tl
A strategic planning committee, consisting of both departmental and citizen representatives, has
already been convened and has met several times. There are also resident representatives on other
committees who could also be called upon for feedback, and the Chief may want to identify other
individuals with useful perspectives who could be called upon early in the process.
Because this kind of work can touch on many intense issues of identity, values, safety and
community, we recommend a well -paced, methodical, transparent process that will allow anyone
and everyone to give input. Multiple opportunities to share and discuss drafts will also help alleviate
concerns and increase departmental and community ownership over the process and resulting
documents.
The first priority would be to develop a detailed plan, but broad -brush phasing would be:
S I w it li irog IM a iP a iro G
• Gather relevant information, historic documents and lists of people and organizations
• Engage strategic planning committee
• Develop detailed plan, review and approval by Chief and command staff as appropriate
• Begin stakeholder interviews, focusing on MVV to start
• Define the need and approach for research with broader group of officers, supervisors, and
public (e.g., web surveys, focus groups, etc.)
5 u gong -°fi Iru iP a irod A, g u s t
• Stakeholder interviews continue
• Broader internal and external research begins
• Development of strength -weaknesses -opportunities -threats (SWOT) analysis
• Compilation of stakeholder and general feedback
• Internal circulation of discussion draft of MVV
uSu°filwtern U a°fiir In 0 C;0U a°fiir
• Broader circulation of mission, vision, values
• Outline plan in the context of the MVV
• Begin Plan drafting and development
"W n tu°fiir Novo b irod If a°fi .0°fi1111 b
• Plan drafting and development continues
• End of November: strategic plan draft for chief, command staff, others as appropriate
• Submit to Council as information item
• Incorporate Council feedback and finalize in January or February 2024
CA revised May 2020
Page 7
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Mary Kay Clunies-Ross has been working to inform and engage the public for more than 25
years. As an independent consultant for the last five+ years, she has helped clients with crisis
communications, strategic messaging and community relationships.
A current and former healthcare executive, Mary Kay served as the Vice President for
Membership and Communications at the Washington State Hospital Association before going
into consulting. She was the chief media spokesperson and communication strategist, focused
on crafting non-partisan messages on complex industry and political issues. As a member of the
executive leadership team, she also guided the association through a significant reorganization
of services and was involved in organizational strategic planning throughout her years there.
Prior to WSHA, Mary Kay managed local and national media as the spokesperson for the City of
Berkeley (Calif.) and was the Public Information Officer for more than a dozen City
departments. She has a Bachelor's in Political Science from Seattle University and Master's in
Journalism from Northwestern in Chicago. (I:::!.li:nll<c_dlln)
CA revised May 2020
Page 8
EXHIBIT B: Timeline and Cost
We recommend a first phase focused on developing a detailed plan for outreach, engagement and
document -creation. That work would include:
• Preliminary research and information gathering
• Meetings with the chief, command staff, strategic planning committee
• Identification priorities for individual and group outreach
• Any and all communications needed
The research and development of the plan will enable Sunshine Communications to provide a more
detailed cost estimate for the rest of the project.
Work would be done hourly at the rate of s3Oo an hour, with the minimum increment of .25hour.
We estimate spending 10-12 hours a week for the first 5-6 weeks of the project, although the time
may be less, as some work has already begun.
Weekly reports of progress and monthly invoices and time reports will be provided.
As much as desired and possible, tasks can be shared with departmental staff and leadership. That
cooperation improves project speed and reduces project cost.
CA revised May 2020
Page 9